The NSW experience with minority government? It's an improvement

By David Clune

March 16, 2019 — 12.00am

Many commentators are predicting the March 23 state election will produce a Coalition or Labor minority government. The assumption is that it will be a destabilising, disruptive outcome. Yet, based on NSW’s last experience with minority government from 1991-95, this is far from inevitable.

In May 1991, instead of being returned comfortably, the Coalition under Nick Greiner found itself in a minority with 49 of the 99 seats. After appointing a Speaker, the government’s numbers in the house dropped to 48. In January 1992, the Liberals lost a seat to Labor at a byelection and in April former Liberal education minister Terry Metherell defected to become an independent.

Independents Peter MacDonald, Clover Moore and John Hatton on their way to the State Office Block in 1992. With Tony Windsor, they were responsible, reasonable and committed to stable government.Credit:Robert Pearce

Greiner needed the support of the independents to govern. Tony Windsor in Tamworth quickly came on board in return for concessions to his electorate and was virtually a Coalition MP. The other three, John Hatton (South Coast), Peter Macdonald (Manly) and Clover Moore (Bligh, later Sydney), banded together as the unaligned independents to leverage their influential position. Their aim was to force Greiner to implement a charter of reform but also to ensure stable government.

A memorandum of understanding with Greiner resulted. In return for implementation of the charter, they would vote with the government on appropriation and supply bills and motions of no confidence, except where matters of "corruption or gross maladministration" were involved. Otherwise, the independents were free to vote as they saw fit.

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The charter reforms aimed at improving accountability and openness in government. Although the overall outcome did not live up to the millennial expectations the independents had, there were some significant achievements: whistleblowers’ protection legislation; the Legal Services Commission; strengthened independence for the Auditor-General, Ombudsman and the judiciary; a fixed four-year parliamentary term.

Nick Greiner's minority government persevered between 1991 and 1995 with the support of four lower house independents who were responsible, reasonable and committed to stable government.Credit:The Sydney Morning Herald

In the Legislative Assembly, the cockpit of the independents’ power, the results were spectacular. Many important issues were referred to select committees for investigation. Parliament’s scrutiny of finance became more than nominal. Non-government MPs could raise matters without being automatically gagged. Debate on legislation was unfettered. Major bills were reviewed by legislation committees. The number of successful amendments rose significantly.

Yet this did not lead to paralysis or wholesale obstruction of the government’s mandate. Most of its legislation was passed, including bills the independents were not sympathetic to but for which they recognised the Coalition had a mandate. The process of scrutiny and amendment produced better legislation.

A sign the Coalition still had a reasonable amount of control was that 99 per cent of its amendments to bills were successful compared with 50 per cent of those moved by the ALP. The government usually got what it wanted in some form but had to accept debate, negotiation and compromise.

The government had a secure hold on power barring extraordinary circumstances. It could still administer the state and implement policy. What changed was that the executive was responsible to Parliament in reality as well as theory.

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In accordance with Westminster tradition, the Legislative Assembly is the place where the party with a majority of seats forms government and legislates. The lesson from the 1991-95 period is that this does not have to be at the expense of the assembly's equally valid role of scrutinising the government and holding it accountable to the electorate.

Opponents of the unaligned independents point to the fact that they forced Greiner to resign as premier as an example of their disruptive influence. Yet they could hardly have done otherwise when the Independent Commission Against Corruption found he had acted corruptly in appointing Metherell to a public sector position to regain his seat. They had pledged their support unless "corruption or gross maladministration" was involved. In this sense, Greiner was the architect of his own demise. The independents kept the Coalition in office under John Fahey and no long-term instability resulted.

NSW is no stranger to crossbench power in another way. In the upper house, no government has had control since 1988. Between 1999 and 2003, there were 13 crossbenchers, the same strength as the Coalition. But Labor in office from 1995-2011 had relatively little trouble passing its program, although bills were considered at length and often amended.

In my forthcoming publication on the crossbench in the upper house, John Della Bosca, a former ALP leader of the government in the Legislative Council, says: "The more sunlight there is on

legislation, the better it gets. There are probably some frustrations for ministers wanting to achieve particular outcomes that are not shared by enough crossbenchers to get them through in the exact form they wanted, but I think the general idea that the executive can be second-guessed by a parliament is a good idea."

The key to the success of the 1991-95 NSW experience of minority government lay in the personalities of the unaligned independents and their way of proceeding. Responsible, reasonable, thoughtful and determined, they balanced the achievement of their reform agenda against the need for stable government. There was no egotism, exhibitionism or extremism. Rather than disruption, better government resulted.

There are currently seven crossbenchers in the Legislative Assembly. It is a diverse group, ranging across the ideological spectrum from three Greens to one Shooter. Of the three independents, Alex Greenwich (Sydney) leans to the left, and Greg Piper (Lake Macquarie) and Joe McGirr (Wagga) are more conservatively inclined.

If the crossbenchers have the balance of power after the poll, they would be well advised to heed the 1991-95 unaligned independents' example. There are three key elements to the model. Respect the will of the electorate and support the party with the majority of seats. Band together to formulate a workable agenda that rises beyond favours for votes. And, most importantly, consider the public interest.

David Clune is a former manager of the NSW Parliament’s research service and the Parliament’s historian. He is an honorary associate in the Department of Government and International Relations at the University of Sydney.